Steps in 498A
Complaint at CAW Cell/ Mahila Thana/ Parivar Pramarsh Kendra
This is the first step for 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed of The Bharatiya Nyaya Sanhita, 2023) in most states. A complaint is lodged in the Police Station, which is transferred to the CAW Cell.
Reconciliation Process at CAW Cell/ Mahila Thana
CAW Cell tries to reconcile/settle the parties through mediation, which can also occur at various stages, such as bail.
F.I.R.
If reconciliation or settlement is not reached at the previous stage, the police register an FIR. At this stage, the police can open a lookout circular, and other harassment may happen. It is prudent to know your rights as an accused when facing a criminal case.
Bail/ Anticipatory Bail/ Stay on Arrest
Till recently, in most states, husbands were not granted Anticipatory Bail or Stayed on arrest in 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) as it was most often coupled with 406 IPC. Police invariably asked for custody of the prime accused, and he was incarcerated for a day to a week, depending upon the state in which the FIR was lodged. This process has had a marked change since Arnesh Kumar’s judgment. Still, getting an anticipatory bail when the FIR is lodged is prudent. People in Delhi can also seek Notice Bail even while the complaint is at CAW Cell to avoid unnecessary hassles. At this stage, the court can put travel restrictions or ask you to seek permission to travel abroad. Also, other conditions that the court deems fit can be imposed.
Police Investigation
This is the most obscure process for the accused. Police investigate the crime; mostly, it is the collection of bills/statements of the complainant’s witnesses.
Charge Sheet
After completion of the investigation, the Police submit a chargesheet in court, which contains all the material collected during the investigation on which the Police are basing their case. It also includes statements of witnesses u/s 161 CrPC and u/s 164 CrPC (If any sexual crime is alleged). The accused are summoned and provided with a copy of the Chargesheet free of cost. In the rarest of rare cases, the Police can also file a Final Report at this stage. The final report means that the Police have concluded that no crime has been committed.
Framing of Charges/ Discharge
After the accused/ their lawyers have scrutinized the chargesheet, the court proceeds to frame the charges, i.e. telling the accused what crimes they have charged you. This is also the stage when the accused thinks there is not enough material on record to charge him, and he can move for discharge.
Prosecution Evidence
Evidence is the cornerstone of all criminal litigation. Mostly, the evidence is oral in 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023), i.e. Witness Statements and Cross Examination, though there can be medical/ other evidence as well. In the first step, the Public Prosecutor asks the witness to narrate his/ her version of facts, and then the accused/ their lawyers can cross-examine them. Though there is no fixed sequence, the witnesses are called; usually, the complainant is the first witness, and the Investigating Officer is the last witness.
Defence Evidence
Once the Prosecution Evidence is over, the defence can present its witnesses, if any, or lead any evidence. This is rarely done in 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) case. The process is the opposite of Prosecution Evidence, i.e. first, the witness narrates facts and is then cross-examined by the Public Prosecutor.
Accused are examined by magistrate Under Section 313 Cr.P.C.
Arguments
Both sides, i.e., the Public Prosecutor and advocate of the accused, present arguments and precedents to sway the court towards their cause. The order/ Judgment– Acquittal/ Sentencing.